TERMS & CONDITIONS

General Terms of Use

Welcome to ISHIEQAs. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of website namely WWW.ISHIEQAS.COM (hereinafter referred to as “ISHIEQAs”)

Your use of the ISHIEQAs and services and tools are governed by the following terms and conditions (“Terms of Use“) as applicable to the ISHIEQAs including the applicable policies which are incorporated herein by way of reference. By mere use of the ISHIEQAs, You shall be contracting with ISHIEQA’s Chikan Studio and these terms and conditions including the policies constitute Your binding obligations, with ISHIEQAs.

For the purpose of these Terms of Use, wherever the context so requires “You“, “Your” or “User” shall mean any natural or legal person who has agreed to become a buyer on the ISHIEQAs by providing Registration Data while registering on the ISHIEQAs as Registered User. The term “ISHIEQAs“, “We“, “Us“, “Our” shall mean ISHIEQA’s Chikan Studio and its affiliates.

When You use any of the services provided by Us through the ISHIEQAs, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/ changes. Your continued use of the ISHIEQAs following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the ISHIEQAs. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by ISHIEQAs’ Policies including but not limited to Privacy Policy as amended from time to time.

1.User Account, Password, and Security:

If You use the ISHIEQAs, You shall be responsible for maintaining the confidentiality of your User Name and Password and You shall be responsible for all activities that occur under your User Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the ISHIEQAs. You further agree to: (a) immediately notify ISHIEQAs of any unauthorized use / breach of your password or account and (b) ensure that you exit from your account at the end of each session.

2. Products/ Services Offered:

a. ISHIEQAs enables its Users to purchase genuine “CHIKANKARI” merchandise such as kurti, saree, dress material, kurti material (unstiched), tops, plazzo, salwar, chudidar, dupattas, leggings etc (collectively, “Products”). The Products can be purchased through the ISHIEQAs through various methods of payments offered. The sale/ purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab in the ISHIEQAs and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

b. ISHIEQAs does not warrant that Product description or other content of ISHIEQAs is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

c. Pricing on any product(s) as is reflected on the ISHIEQAs may due to some technical issue or typographical error may be incorrectly reflected and in such an event We may cancel such your order(s) without seeking Your concurrence/ consent.

d. You release and indemnify ISHIEQAs and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the ISHIEQAs and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ISHIEQAs cannot take responsibility or control the information provided by other Users which is made available on the ISHIEQAs.

3. User Conduct and Rules on the ISHIEQAs:

You agree, undertake and confirm that Your use of ISHIEQAs shall be strictly governed by the following binding principles:

i. belongs to another person and to which You do not have any right to; ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iii. is misleading in any way; iv. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; v. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity; vi. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; vii. contains video, photographs, or images of another person (with a minor or an adult). viii. tries to gain unauthorized access or exceeds the scope of authorized access to the ISHIEQAs or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the ISHIEQAs or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; ix. interferes with another USER’s use and enjoyment of the ISHIEQAs or any other individual’s User and enjoyment of similar services; x. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; xi. violates any law for the time being in force; xii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; xiii. shall not be false, inaccurate or misleading; xiv. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

b. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the ISHIEQAs, you accept and consent to the practices described in these ‘Terms of Use’ and ‘Privacy Policies’, as well as any other terms of prescribed by the ISHIEQAs. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the ISHIEQAs.

c. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the ISHIEQAs or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the ISHIEQAs or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the ISHIEQAs. We reserve Our right to bar any such activity.

d. You shall not attempt to gain unauthorized access to any portion or feature of the ISHIEQAs, or any other systems or networks connected to the ISHIEQAs or to any server, computer, network, or to any of the services offered on or through the ISHIEQAs, by hacking, password “mining” or any other illegitimate means.

e. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

f. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your purchase of products.

g. Since there may always be an element of difference between the images shown on website and actual product, ISHIEQAs hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. ISHIEQAs Return & Exchange Policy offers You the option to return or exchange items purchased on ISHIEQAs within seven (7) days of the receipt. In case of return/ exchange of the purchased item, please refer to Our “Return/ Exchange Policy” herein.

4. Contents Posted on ISHIEQAs:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively referred to as, “Content”) is Our property and We have the exclusive worldwide, perpetual and transferable rights on such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works.

You may use information on the products and services purposely made available on the ISHIEQAs for downloading, provided that You:

i. do not remove any proprietary notice language in all copies of such documents, ii. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, iii. make no modifications to any such information, and iv. do not make any additional representations or warranties relating to such documents.

5. Privacy Policy:

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share personal information with our other corporate entities and affiliates.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/ financial information and keep it confidential. By visiting Our ISHIEQAs, you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our ISHIEQAs.

5.1 Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:

a. Children under the age of 18: Use of the ISHIEQAs is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the ISHIEQAs. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the ISHIEQAs and shall not transact on or use the ISHIEQAs. As a minor if you wish to use or transact on ISHIEQAs, such use or transaction may be made by your legal guardian or parents on the ISHIEQAs. b. Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content. c. Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. d. Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by ISHIEQAs for purposes of tax or regulatory compliance. e. Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on ISHIEQAs. f. User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services. g. Stored Information: Data created by you or by your authorised representative and which you wish to store on our servers such as image files, documents etc. h. Shared Information: What types of information are not allowed on ISHIEQAs ? i. Nudity or other sexually suggestive content j. Hate speech, credible threats or direct attacks on an individual or group k. Content that contains self-harm or excessive violence l. Fake or impostor profiles m. Spam

5.2 Operational Use: We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the ISHIEQAs. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the ISHIEQAs.

Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.

5.3 Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.

Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our ISHIEQAs is at your own risk. We recommend that you do not disclose your password to anyone.

5.4 Cookie Policy: A cookie is a small text file that we place on your mobile device to enable various features of ISHIEQAs. “Cookies” are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie.

5.5 Third Party. At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.

Note: We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.

6. Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through ISHIEQAs are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ISHIEQAs does not warrant that: ISHIEQAs will be constantly available, or available at all; or The information on ISHIEQAs is complete, true, accurate or non-misleading.

All the Products sold on ISHIEQAs are governed by different state laws and if We are unable to deliver such Products due to implications of different state laws, We will return or will give credit for the amount (if any) received in advance by Us from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number and email id while placing an order on the ISHIEQAs. By registering Your phone number and email id with us, You consent to be contacted by Us via phone calls and/or SMS and/or email notifications, in case of any order or shipment or delivery related updates. We shall use Your personal information to contact You via phone calls and/or SMS and/or email notifications about products, offers, discounts etc. We will not use your personal information to initiate any promotional phone calls or SMS.

7. Indemnity:

You shall indemnify and hold harmless ISHIEQAs, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

8. Trademark, Copyright and Restriction:

ISHIEQAs is controlled and operated by ISHIEQAs. All material on ISHIEQAs, including Our Logo, product images, other images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on ISHIEQAs is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of ISHIEQAs, modification of the materials, use of the materials on any other ISHIEQAs or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

9. Limitation of Liability:

In no event shall ISHIEQAs be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

a. the use or the inability to use the Services or Products; b. unauthorized access to or alteration of the user’s transmissions or data; c. breach of condition, representations or warranties by the user d. any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ISHIEQAs or Service. ISHIEQAs shall not be held responsible for non-availability of the ISHIEQAs during periodic maintenance operations or any unplanned suspension of access to the ISHIEQAs. The User understands and agrees that any material and/or data downloaded at ISHIEQAs is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, ISHIEQAs’s liability shall be limited to an amount equal to the Products purchased value bought by You.

10. Termination:

a. ISHIEQAs may suspend or terminate your use of the ISHIEQAs or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until ISHIEQAs chooses to terminate them.

b. If You or ISHIEQAs terminate your use of the ISHIEQAs or any Service, ISHIEQAs may delete any content or other materials relating to your use of the Service and ISHIEQAs will have no liability to you or any third party for doing so. However, your transactions details may be preserved by ISHIEQAs for purposes of tax or regulatory compliance.

c. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.

d. If ISHIEQAs unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.

11. Jurisdiction of Sale:

Unless otherwise specified, Products available on ISHIEQAs are presented solely for the purpose of sale in India and some selected locations/ Countries. Compliance with local laws, if and to the extent local laws are applicable.

12. Governing Laws:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Mumbai. The place of jurisdiction shall be exclusively in Mumbai.

13. Payment Options

Payment in INR Payment in INR should be made by using PAYUMONEY OR PAYTM payment gateways.

Payment in Currencies except INR Payment in any currency other than INR should be made by using PAYPAL payment gateway ONLY.

Cash-On-Delivery (COD)COD payment option is available in all major cities of India. COD facility is available only for orders meant to be delivered in India.

14. CANCELLATION, RETURN/ EXCHANGE & REFUND POLICY

ISHIEQAs is committed to provide pleasant shopping experience to its esteemed customers. Though we have rarest of rare instances of order cancellation/ return, we have one of the most user-friendly Cancellation, Return/Exhange & Refund Policy.

14.1 Cancellation Policy:

a. When can You cancel your order?We surely don’t want You to cancel any of your orders with Us. However, if at all required, please do so within 24 hours of placing the order.

b. Cancellation before order is shipped:You can cancel an order before the Product/s is/are shipped. Such an order shall be eligible for refund of entire amount paid in respect of such cancelled order. Refund will be processed within 3-5 working days from the date of cancellation of order by way of bank account transfer to user’s bank account.

c. Cancellation after order is shipped but before it is delivered:You can cancel an order even after the Product/s is/are shipped, but before it is delivered. Refund in respect of such a Cancelled Order shall be processed once We receive the Parcel/ Package in its original/ unopened state. Refund amount in respect of such a cancelled order shall be regulated by Our Refund Policy. No refund request shall be entertained in case the Parcel/ Package shipped by Us is not received back by Us in its in its original, unopened and untampered state.

Important: An order meant to be shipped outside INDIA, cannot be cancelled after order is shipped.

d. Auto-cancellation of Void Orders:Any Order for which payment is made by using PAYPAL (in currencies other than INR) but shipment is intended to be delivered within INDIA shall be considered as VOID ORDER and shall not be processed.

14.2 Return & Exchange Policy:

While ISHIEQAs wants you to cherish the Products ordered by You, if at all You wish to return/ exchange the Product (s), we would gladly accept the return/ exchange request as under:

a. Damaged/ Tampered Parcel: If you find out that the Parcel/ Package which is being delivered to you, has been tampered with or damaged before delivery, please refuse to accept the parcel/ package and return the same to the delivery person. Please report above incident within 5 days from the date of attempt of delivering a tampered Parcel/ Package to you via email at [email protected] quoting your Order ID. Once the Parcel/ Package (refused by You) is received at our end, we shall contact You for possible resolution of the issue. b. Return/ exchange requests due to reasons apart from what is mentioned at (a) above, shall be accepted only in respect of unused salable product with intact Product Tag. c. Please ensure that products to be returned/ exchanged are sent in original packaging along with original invoice. d. In case of Return/ Exchange of an order delivered outside INDIA, it will be sole responsibility of the customer to send the Parcel (containing product/s to be returned/ exchanged) by pre-paying applicable shipping charges. e. Eligible refund value in respect of returned/ exchanged products (if any) shall be credited to Your ISHIEQAs Account in the form of ICS Points (1ICS Point = 1INR) on case to case basis. f. You can redeem Your ICS Points while placing orders from ISHIEQAs without any redemption limit. ICS Points can be redeemed within 12 Months. g. All return/ exchange requests are to be raised within 7 days from the date of delivery of order. h. Product/s shall not be considered eligible for Return OR Exchange under the following events: i. If the Product exhibits any kind of physical damage to the Product. ii. If the Product is returned without original packaging, original invoice, price tags, barcode label and all other inclusions which were received by the customer as part of the Parcel.

Note- for Return/Exchange go to my account page then in orders or click here then click view on order which you want to Return/Exchange then click the return button and fill the form why you want to Return/Exchange then click submit button.

Important Disclaimer: While we re-assure you that all orders at ISHIEQAs are dispatched after thorough quality check, Chikankari apparels, being stuff of handwork and thread, possibility of loosened threads etc. cannot be ruled out. However, such elements, not being very obvious/ prominent shall not be construed as a defect.

14.3 Refund Policy:

Refund in respect of cancelled/ returned order will be regulated as under:

a. Cancellation before order is shipped:An order which is cancelled before the Product/s is/are shipped will be eligible for refund of entire amount paid in respect of such cancelled order. Such refund will be processed within 3-5 working days from the date of cancellation of order by way of bank account transfer to user’s bank account.

b. Cancellation after order is shipped but before it is delivered:An order which is cancelled after the Product/s is/are already shipped will be eligible for refund of order value less cancellation fee @ 5% of order value. Refund as stated above shall be made within 5-7 working days from the date of receipt of our unopened/ untampered Package/ Parcel by Us, subject to satisfaction of clauses of Our Cancellation Policy as at Para 1 herein.

c. Returned/ Exchanged Order:An order which is returned/ exchanged strictly in terms of Our Return & Exchange Policy as at Para 14.2 herein, will be eligible for refund of order value less Handling & Convenience Fee @ 5% of order value. Refund shall be processed within 5-7 working days from the date of receipt of Returned Product/s by Us, by way of credit to Your ISHIEQAs Account in the form of ICS Points (1ICS Point = 1INR) on case to case basis. ICS Points can be redeemed while placing orders from ISHIEQAS.COM without any redemption limit. ICS Points can be redeemed within 12 Months.

d. Auto-cancelled Orders:A VOID ORDER which is auto-cancelled, in terms of Para 14.1(d) of Our Cancellation Policy herein, will be eligible for refund of order value less Handling & Convenience Fee @ 10% of Order Value. Refund shall be processed within 5-7 working days from the date of cancellation of order.

15. SHIPPING & DELIVERY POLICY

ISHIEQAs understand Your expectations very well and hence We are committed to deliver your order in excellent quality packaging within reasonable time frame. We ship throughout the week, except Sundays & Public holidays. To ensure that your order reaches you in good condition, in the shortest span of time, we ship through reputed/ reliable courier agencies only.

How is delivery charge calculated for multiple units?

For Delivery Within India:

Free Shipping for orders valuing more than INR1000.

{Don’t forget to click on ‘FREE SHIPPING’ button in checkout section if your order value is more than INR1000}

For orders valuing less than INR1000, fixed Shipping Charges of INR50 shall be levied.

For Delivery Outside India:

Shipping charges are levied based on weight of the package being shipped to You. We do not charge shipping on per item basis, which means the more you buy the less will be the shipping cost.

We ship to almost all parts of the globe through our reputed & reliable logistics Partners.